§ 3-1. Definitions.

In this chapter the following words and terms shall have the following meanings ascribed to them unless the context indicates otherwise:

Abandon shall mean to dump, desert, or leave any animal on public or private property with the intent of terminating any further responsibility for said animal; and shall also mean failing to properly redeem any animal impounded or quarantined by the city.

Animal shall mean any living creature, domestic or wild, including, but not limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowls, and livestock but specifically excluding human beings.

Animal control officer shall mean a person assigned to the police department and designated by the city as the primary enforcement officer of ordinances regulating animals and owners of animals and for the enforcement of all Texas State Statutes pertaining to the care and control of animals.

Cat shall mean a domesticated animal that is a member of the Felidae (feline) family, but does not include a lion, tiger, bobcat, jaguar, panther, leopard, cougar, or other wild animal of this family or hybrids.

Collar means any collar constructed of nylon, leather, or similar material, specifically designed to be used for a dog.

Dangerous dog shall mean a dog that:

(1)

Makes an unprovoked attack on a person that causes bodily injury and the attack occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or

(2)

Commits unprovoked acts in a place, other than an enclosure in which the dog was being kept, and those acts caused a person to reasonably believe that the dog will attack and cause bodily injury to that person.

(3)

Dangerous dog does not include a dog assisting a peace officer engaged in law enforcement duties.

Dog shall mean a domesticated animal that is a member of the Canidae (canine) family, but does not include a wolf, jackal, fox, coyote or other wild animal of this family or hybrids.

Dog house shall mean a structure built or bought for the sole purpose of protecting a dog from the weather. This structure shall have at least three (3) walls a floor and a top and be capable of keeping the dog clean and protecting the dog from the elements of weather.

Domestic animal shall mean any tame animal that is not defined in this chapter as wild or dangerous.

Enclosure means a fenced area or structure that is:

(1)

Secured;

(2)

Capable of preventing the entry of the general public, including children; and

(3)

Capable of preventing the escape or release of an animal or any part of the animal that can cause harm to another animal or human.

Note: Enclosure does not mean a wireless or electric fence.

Feral animal shall mean a domestic animal, which has returned to its wild state, living on its own and generally avoids human contact.

Humane society/rescue organization shall mean a person or a group of people who can show proof of a 501c nonprofit status and whose sole intentions are to the care and well being of animals or the placement of animals into good homes.

Hybrid shall mean the product of the mating of two (2) different species of animals regardless of the number of generations born since that original mating.

Leash shall mean a lead, cord, or rope six (6) feet or less in length that is attended by a person at all times and used as a temporary restraint.

Licensed veterinarian shall mean a person licensed to practice veterinarian medicine.

Livestock shall mean horses, or any member of the domesticated horse family, including but not limited to, mules, donkeys, and ponies; and all types of varieties of cattle, bulls, and all members of the cow family, sheep, goats, poultry and exotic livestock as defined by V.T.C.A., Agriculture Code § 161.001.

Local rabies control authority shall mean a certified animal control officer designated by the chief of police in accordance with of the Texas Health and Safety Code.

Owner shall mean any person owning, keeping, controlling, harboring, or caring for an animal, including members of the same household.

Permanent outside dog shall mean a dog whose time is spent mostly outside of a residence.

Person shall mean an individual, firm, partnership, association, corporation or other legal entity.

Prohibited animal means an animal, other than a common domestic species and regardless of state or duration of captivity, that poses a potential physical or disease threat to the public or that is protected by international, federal or state regulations, including but not limited to the following:

(1)

Class Reptilia: Family Helodermatidae (venomous lizards); family Viperidae (rattlesnakes, copperheads, cottonmouths, other pit vipers and true vipers); family Elapidae (coral snakes, cobras, mambas and other elapids); the following listed species of family Colubridae: Dispholidus typus (boomslang), Hyrodynastes gigas (water cobra), Boiga (mangrove snake) and Thelotornis (African twig snake) only; order Phidia, family Boidae (racers, boas, water snakes, and pythons); and order Crocodilia (crocodiles, alligators, caimans and gavials);

(2)

Class Aves: Order Falconiformes (such as hawks, eagles and vultures); subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus); and order Strigiformes (such as owls);

(3)

Class Mammalia: Order Carnivora, family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), except commonly accepted domesticated cats; family Canidae (such as wolves, wolf-dog hybrids, dingos, coyotes and jackals), except domesticated dogs; family Mustelidae (such as weasels, skunks, martens, mink and badgers); family Procyonidae (raccoon); family Ursidae (such as bears); order Marsupial (such as kangaroos and common opossums); order Edentata (such as sloths, anteaters, and armadillos); order Proboscidea (elephants); order Primata (such as monkeys, chimpanzees and gorilla's); order Rodentia (such as porcupines); and order Ungulata (such as antelope, deer, bison and camels);

(4)

Animals not listed: The animal control officer may declare any species of animal not listed in this subsection as prohibited if the confinement of the animal within the city can be shown to constitute a threat to public health and safety; and

(5)

Does not mean:

a.

A bird kept in a cage or aviary that is not regulated by international, federal or state law; or

b.

A gerbil, hamster, guinea pig or laboratory mouse or rat.

Quarantine facility shall mean a facility approved by the Texas Department of Health for the strict confinement of an animal for rabies observation, as defined in V.T.C.A., Health and Safety Code § 826.051F.

Running at large shall mean not completely confined by a building, wall or fence of sufficient strength or construction to restrain the animal, except when such animal is either on a leash, or held in the hands of the owner or keeper. Any animal not confined within the cabin of an automobile or other vehicle shall be deemed running at large, unless the animal is restrained by a leash to prevent escape.

Steel traps includes all manner of mechanism or device intended by physically clamping parts of the trap around any portion of the animal's anatomy.

Swine shall mean any pig, hog or pot-bellied pig.

TNR caregiver means a person who is permitted in accordance with the City's Trap-Neuter-Return Program Policy to provide care. including, food, shelter or medical care to a TNR Program Cat, such a person shall not be considered the owner or keeper of the TNR Program Cats.

TNR program cat means a cat that is abandoned, stray, lost or feral, and cared for by a TNR caregiver pursuant to this chapter. Moreover, the cat must be neutered or spayed, vaccinated, eartipped and registered with a TNR sponsor to be considered as a TNR program cat.

Trap-neuter-return (TNR) program: A program authorized by the city pursuant to which feral cats are trapped, neutered or spayed, vaccinated, chipped, eartipped, and returned to an approved person.

Unprovoked means action by an animal that is not:

(1)

In response to being tormented, abused or assaulted by any person; or

(2)

In response to pain or injury.

Wild animal shall mean any animal except the common domestic species (dogs, cats, horses, livestock and other common farm animals) regardless of the state or duration of captivity.

(Ord. No. 1250-07-2010, § 3, 7-6-10; Ord. No. 1363-03-2015, § 1, 3-17-15)